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(영문) 창원지방법원 통영지원 2016.09.28 2016고단915

업무방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal records] On December 9, 2015, the Defendant was sentenced to six months of imprisonment by obstructing business operations at the Seoul Southern District Court, and completed the execution of the sentence at the Seoul Southern District Court on March 8, 2016.

[Criminal facts] On June 30, 2016, the Defendant sought to be hospitalized at “D Hospital” located in C at C at the time of macroscoping around 14:00 on the ground that the Defendant did not have hospitalized but did not have to be hospitalized. The Defendant found E as the head of the administrative office of the above hospital; and whether the victim F and G who worked in the above hospital’s office is “E head”;

The victims, despite the control of the above victims, shall promptly hold a medical room in the first floor of the hospital and hold a door to the outside medical room in the hospital and "the head of the E Office".

Along with the time limit of 1 hours, it was difficult to avoid disturbance, such as stating that “......”

Accordingly, the defendant interfered with the operation of the hospital of victims by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each statement;

1. CCTV images and closure photographs;

1. Previous convictions in judgment: References to criminal history, application of Acts and subordinate statutes to inquiries and investigation reports;

1. Relevant provisions of the Criminal Act, Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines of the Supreme Court, the aggravated area (one year to three years) (one year to six months) (the person subject to special aggravated punishment] of the same type of repeated crime;

2. Determination of sentence - Determination of favorable circumstances: deemed to reflect; and

- Unfavorable circumstances: The fact that there are many records of punishment for the same kind of crime, this case also commits a repeated crime during the period of repeated crime, and there is no measure to recover damage and it is practically difficult to expect it.

- Other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, environment, and circumstances after the crime, shall be taken into consideration, and the degree of damage, etc. shall be determined in the area of somewhat lower than the sentencing guidelines of the Supreme Court.